Judge Tony Graf Jr. disagreed.
While Graf determined that Deputy Utah County Attorney Christopher Ballard crossed the line with certain public comments about the strength of the evidence, the judge ruled that Robinson’s requested remedy was far too extreme.
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf said in court.
Instead of removing capital punishment from consideration, Graf announced that additional safeguards would be implemented during jury selection to help ensure Robinson receives a fair trial.
The controversy stems from a public dispute between prosecutors and defense attorneys over forensic evidence tied to the fatal shooting.
Defense filings had generated widespread headlines suggesting federal investigators were unable to connect the bullet that killed Kirk to a rifle allegedly linked to Robinson.
Prosecutors pushed back aggressively against that narrative.
According to court records, the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a toolmark analysis that ultimately produced inconclusive results. Investigators were unable to definitively determine whether the bullet fragment recovered from Kirk’s body came from Robinson’s grandfather’s rifle.
However, prosecutors emphasized that other evidence remains significant. The bullet caliber matched the weapon in question, and investigators reportedly found a spent shell casing that corresponded to evidence recovered at the crime scene.
Government attorneys argued that they were simply correcting what they viewed as a misleading interpretation of the forensic findings.
Judge Graf largely agreed with that position.
The judge concluded that Ballard was not wrong for disputing claims surrounding the ballistic evidence. However, Graf found that the prosecutor went too far during at least one media interview when he expressed confidence in the overall case against Robinson.
According to the ruling, those comments improperly ventured into opinions about Robinson’s guilt, leading Graf to hold Ballard in civil contempt.
Despite that finding, the judge made clear that the conduct did not justify stripping prosecutors of the ability to seek the death penalty.
The latest ruling marks yet another setback for Robinson’s defense team as the high-profile case continues moving forward.
Just days earlier, Graf rejected a separate defense request seeking to pause the proceedings while attorneys appealed his decision allowing cameras in the courtroom.
Meanwhile, prosecutors appear to be strengthening their case ahead of a crucial preliminary hearing scheduled for early July.
One of the most significant developments involves Lance Twiggs, Robinson’s former roommate.
Twiggs, a 22-year-old transgender individual who once lived with Robinson, has reportedly been granted limited immunity for statements he provided during an April interview with prosecutors.
Court filings indicate that Twiggs could become one of the government’s most important witnesses as prosecutors attempt to establish probable cause during the upcoming hearing.
According to prosecutors, Twiggs told investigators that Robinson admitted carrying out the killing.
The filings claim Robinson allegedly confessed to hiding the firearm after the shooting, disposing of clothing connected to the crime, and instructing Twiggs not to cooperate with law enforcement.
Prosecutors also revealed they may introduce text messages exchanged between Robinson and Twiggs as evidence.
Because Twiggs received limited-use immunity, the recorded interview itself generally cannot be used against him in future criminal proceedings.
Robinson has not yet entered a formal plea.
Under Utah law, defendants typically wait until after a preliminary hearing before doing so.
The hearing is expected to span multiple days and could provide the public with the most detailed look yet at the evidence prosecutors intend to present against the man accused of carrying out one of the most shocking political assassinations in recent memory.
As the case inches closer toward trial, the courtroom battle has evolved into far more than a dispute over evidence. Prosecutors and defense attorneys have repeatedly traded accusations, with each side claiming the other has attempted to shape public perception outside the courtroom.
For now, however, one thing is clear: Robinson’s effort to remove the death penalty has failed, and prosecutors remain free to pursue the harshest punishment available under Utah law if a jury ultimately finds him guilty of murdering Charlie Kirk.
